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Mark A. Broughton
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Mark Broughton’s Answers

1,314 total


  • Is a lawyer useful to get me a good deal on DUI? What can my punishment be?

    I got a .12/.13 DUI. First DUI, clean record before this. I posted bail and was given 4/28 as a court date. What can I expect as a punishment? Fines? Jail? I'm also undocumented.

    Mark’s Answer

    You most certainly should hire an attorney. In addition to the court proceedings there are the DMV proceedings. DMV will seek to suspend your driver's license and you need to contact them and request a hearing within 10 days or your license will be suspended regardless of any defenses you may have. An attorney will know how to handle both situations and be able to look at all the evidence and develop a defense for you or negotiate a more favorable plea agreement. It will cost you some money but could save you from long-lasting consequences if you do not have an attorney to assist you.

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  • If the court imposes any sentence previously suspended how long will that be? 180 days?

    Defendant admits the special allegation of 12022.1(b) PC as to count 1. the Imposition of Sentence is suspended. Ordered 36 months of probation. And sentenced to 180 days in jail.

    Mark’s Answer

    There is not enough information here. The PC 12022.1(b) is a special enhancement for a crime committed while someone is pending another case. It provides, among other things, for an additional 2 years to the sentence imposed for the underlying counts. So, in order to answer your question, one needs to know what the underlying charges were for which sentence was suspended. The 180 days in jail was a condition of probation and will count against any sentence imposed should the judge decide to violate probation. This person's attorney should be able to answer this question.

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  • What is to be expected for misdemeanor embezzlement?

    So last year I was caught returning items at my work without the items physically being there and taking the money. But because the amount was under $950 I was able to walk out with just a ticket for misdemeanor. I later received the letter and ma...

    Mark’s Answer

    Yes, repaying the company before you go to court can have a very positive impact. But the best thing you can do is consult with an attorney to discuss all of the facts and circumstances and get some informed advice. All the better if you hire an attorney to represent you. A fraud/theft related charge can have long-lasting consequences even if you don't spend a day in jail or the case is ultimately dismissed.

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  • What can happen if lasd deputies lies in court saying i was under the influence at the time of the incident ?

    but i can prove to judge that i was not under any drugs at the time of incident, what will or can happen? lasd sheriffs are lieing , i have proof i was not on drugs

    Mark’s Answer

    Your evidence better be solid. Even if your evidence conclusively proves you were not under the influence of drugs it is highly unlikely that anything will happen to the deputy testifying against you unless you an show he/she was intentionally providing false testimony - a near impossibility.

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  • How much time will he do with 7 months served?

    My boyfriend got 2 years with 85% he has 7 months credit in already, this is his first strike and got charged for robbery only.

    Mark’s Answer

    A two year sentence at 85% would be 20.4 months that he would have to serve if he received all of his good time/work time credit reduction. You statement is somewhat confusing since you don't say if the seven months for which he has credit is actual time in custody up to sentencing, or the total credits he earned to that point. In any event, you should be able to give yourself a rough estimate. He should also be given a temporary release date shortly after being transported to CDC. That's even a better measure.

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  • He was sentenced to 2 years in state prison with 365 days of credit. How much time will he actually serve?

    Husband violated his probation got arrested 2/15 and sentenced 2/24

    Mark’s Answer

    That leaves him with a year left on his 2 year commitment, and just guessing the this would be a "half-time" case, he would do another 6 months. If his commitment offense is a violent felony he will do about 10 months. His attorney should be able to tell you.

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  • Im this scenario what should he do ?should hw settle the la case already or will orange county respond back quick?

    my husband has been incarcerated since october of last year. he picked up this new case here in la county and hes on probation in orange county. his attorney os trying to get in contact with orange county to see of they can give her an answer to s...

    Mark’s Answer

    More information is required to be able to answer your question. The first question is what he has been convicted of in each jurisdiction. These are complicated but nor completely unusual situations. His attorney should be able to answer this question for you.

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  • Would Franklin County extradite me for this warrant if I were picked up in California? Or am i outside of their pick up radius?

    I have an f5 forgery warrant in Columbus Ohio (Franklin County). I live in San Francisco California now.

    Mark’s Answer

    I agree with Mr. Marshall but would add that you should clear up the warrant in Franklin County or you will remain subject to arrest no matter where you are any time you encounter the police.

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  • Where doi go from here? How doi go against police report

    Got pulled over searched my car without consent got charged with forgery. Once i got the police report and read it the only thing that was true was spelling of my name. Everything else false. Fighting this will be up hill battle but how do i start...

    Mark’s Answer

    You hire an attorney who knows how to do it. Pitches motions, yes, and a lot of investigation and discovery, as well as being able to attack them when they testify. Do not attempt to do this yourself.

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  • How might a situation like this play out

    My husband was recently charged with Homicide, but it is on video that it was self defense. I have sent inquiries to a few attorneys, but I just need a little reassurance I guess on how the process and outcome can go.

    Mark’s Answer

    Homicides are very complicated cases. No one can give you even a reasonable guess as to the outcome of your husband's case. If it is undisputed that your husband acted in justifiable self defense the case could be dismissed either by the prosecutor or the judge at a preliminary hearing. If there are issues it could end up in the hands of a jury. His attorney is the best and only person who can give you advice in this regard.

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